The Evaluation Process for Asbestos, Diesel Fumes and Other Toxic Exposure Claims

Posted By Doran & Murphy, PLLC || 13-Oct-2011

If you or a loved one have been exposed to asbestos, diesel fumes or another toxic substance and diagnosed with lung cancer, you are probably considering legal action against the people or companies that you believe to be responsible for the injury. As you know, in order to be successful in a case, we need to prove that (1) you were exposed to asbestos, diesel fumes, or another toxic substance; (2) that the exposure caused your cancer; and (3) that a company or person is legally responsible for your injury (in other words, we need to be able to prove that the person or company negligently exposed you to the substance).

What should you expect in this process?

Initial Contact –

When you first make contact with our firm, you will be asked several background questions that will give us a basic idea of your claim. These background questions include where and when you were exposed, what was your job and your job duties, if you are/were a railroad worker what was your craft, where did you work, what states, cities and towns did you work in? Did you/do you smoke cigarettes? If so, when did you start, quit and how much did you smoke? What kind of cancer do you have? When were you diagnosed? These questions help us to determine whether your case should move into a more formal claim evaluation.

Claim Evaluation –

We will send you some more detailed questions, and an authorization form to allow us to get your medical records. Not all cancers and cancer types are caused by toxic exposures – we only pursue cases where we believe that the medical literature can prove that your exposure contributed to your cancer. For example, you have probably heard a lot of lawyer advertisements for mesothelioma cases. This is because mesothelioma is a type of cancer where the medical literature is very strong to prove that it is caused by asbestos exposure, not smoking or other factors.

Litigation/Settlement/Trial –

If the medical records and exposure history demonstrate a toxic exposure related cancer, we will likely move into a legal action against those entities who we believe are responsible for your injury. This process can include written papers, deposition testimony of yourself and coworkers who can corroborate exposures, physical examinations, motions, hearings and ultimately, a trial. We will consistently re-evaluate the merits of the case during the litigation process to account for the evidence that develops as the claim proceeds.

If you would like our attorneys to evaluate a claim for toxic exposures, please give us a call at 1-800-374-2144, or contact us through email.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.
This website is attorney advertising. Prior results do not guarantee a
similar outcome.